By Bailey                                       H.B. No. 2455

      75R5285 JSA-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to alternative means of resolving personnel disputes in

 1-3     institutions of higher education.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter Z, Chapter 51, Education Code, is

 1-6     amended by adding Section 51.9085 to read as follows:

 1-7           Sec. 51.9085.  ALTERNATIVE DISPUTE RESOLUTION.  (a)  In this

 1-8     section:

 1-9                 (1)  "Alternative dispute resolution procedure" means

1-10     an alternative dispute resolution procedure to which a matter may

1-11     be referred under Subchapter B, Chapter 154, Civil Practice and

1-12     Remedies Code, including mediation, mini-trial, moderated

1-13     settlement conference, summary jury trial, nonbinding arbitration,

1-14     or a combination of these procedures.

1-15                 (2)  "Governing board" has the meaning assigned by

1-16     Section 61.003.

1-17                 (3)  "Institution of higher education" means a general

1-18     academic teaching institution, medical and dental unit, or other

1-19     agency of higher education, as those terms are defined by Section

1-20     61.003.

1-21           (b)  It is the policy of this state that disputes be resolved

1-22     informally and expeditiously when possible, and that each state

1-23     agency support this policy by developing and using alternative

1-24     dispute resolution procedures in all areas of the agency's

 2-1     operations, programs, and functions.  Therefore, the state

 2-2     encourages institutions of higher education to use mediation and

 2-3     other alternative dispute resolution procedures in order to

 2-4     peaceably resolve personnel disputes, including employee

 2-5     grievances, and to avoid costly and protracted litigation whenever

 2-6     possible.

 2-7           (c)  This section may not be applied in a way that will deny

 2-8     a person a right granted to the person by state or federal law,

 2-9     including the right to a public administrative or judicial hearing.

2-10           (d)  The chief administrative officer of each institution of

2-11     higher education shall designate a senior official to serve as the

2-12     dispute resolution coordinator of the institution.  The official is

2-13     responsible for and must be given the necessary authority within

2-14     the institution to:

2-15                 (1)  become personally knowledgeable about alternative

2-16     dispute resolution procedures;

2-17                 (2)  implement within the institution the dispute

2-18     resolution policy established by this section; and

2-19                 (3)  conduct the reviews and produce the reports

2-20     required by this section.

2-21           (e)  Each institution of higher education, through its

2-22     dispute resolution coordinator, shall review all of its rules,

2-23     procedures, and policies relating to the resolution of personnel

2-24     disputes, including grievances, among its employees.  Each

2-25     institution shall adopt procedures that address the use of

2-26     alternative dispute resolution in personnel disputes, including

2-27     employee grievances.  The institution of higher education may

 3-1     consult with the Center for Public Policy Dispute Resolution at The

 3-2     University of Texas School of Law in performing the review and

 3-3     establishing the procedures required by this section.

 3-4           (f)  Each institution of higher education shall regularly

 3-5     review the effectiveness of the procedures adopted under this

 3-6     section.

 3-7           (g)  Each institution of higher education shall provide for

 3-8     continuous training for the dispute resolution coordinator of the

 3-9     institution and other appropriate employees to ensure compliance

3-10     with this section.  The training must include the theory and

3-11     practice of alternative dispute resolution procedures and their

3-12     appropriate uses by an institution of higher education.  The

3-13     dispute resolution coordinator shall periodically recommend to the

3-14     chief administrative officer of the institution other employees

3-15     whose participation in alternative dispute resolution training

3-16     would benefit the institution.

3-17           (h)  Any individual who is acceptable to the parties to a

3-18     dispute and who serves at the will of the parties may serve as an

3-19     impartial third party in an alternative dispute resolution

3-20     procedure conducted under this section, as long as that individual

3-21     satisfies the minimum qualifications and abides by the standards

3-22     and duties established by Subchapter C, Chapter 154, Civil Practice

3-23     and Remedies Code.   An impartial third party may be a permanent or

3-24     temporary employee of state government.  The cost for the services

3-25     of an impartial third party shall be distributed equally among the

3-26     parties to an alternative dispute resolution proceeding.

3-27           (i)  In order to keep the costs to a minimum, the parties to

 4-1     an alternative dispute resolution proceeding are encouraged to use

 4-2     the services of a Texas dispute resolution center or of one or more

 4-3     trained employees of another institution of higher education or

 4-4     other state agency to serve as an impartial third party.

 4-5     Institutions of higher education may enter into agreements with one

 4-6     another that provide for the reimbursement in kind or otherwise by

 4-7     the user institution or by the parties of the full or partial cost

 4-8     of the services of an employee as an impartial third party.

 4-9     Institutions of higher education may use the Center for Public

4-10     Policy Dispute Resolution at The University of Texas School of Law

4-11     as a center for the exchange of personnel to serve as impartial

4-12     third parties.  An institution of higher education may contract

4-13     with another institution of higher education, a state agency,

4-14     including the Center for Public Policy Dispute Resolution at The

4-15     University of Texas School of Law, or a private person for any

4-16     services necessary to comply with this section.

4-17           (j)  Communications and records related to an alternative

4-18     dispute resolution procedure authorized by this section are

4-19     protected from disclosure as provided by Section 154.073, Civil

4-20     Practice and Remedies Code.

4-21           (k)  An alternative dispute resolution procedure adopted

4-22     under this section may be used only if each party to the dispute

4-23     consents to the use of the procedure.  Nothing in this section

4-24     requires a party to a dispute at an institution of higher education

4-25     to enter into an agreement pursuant to an alternative dispute

4-26     resolution procedure.

4-27           (l)  Not later than June 1, 2000, each institution of higher

 5-1     education shall report the results of its review under Subsection

 5-2     (f) up to that date to the governor and to the chair of the

 5-3     standing committee of each house of the legislature with primary

 5-4     jurisdiction over higher education.  The report must comply with

 5-5     the confidentiality provided by Subsection (j) with respect to

 5-6     specific matters submitted to alternative dispute resolution.  This

 5-7     subsection expires January 1, 2001.

 5-8           (m)  Each institution of higher education shall adopt initial

 5-9     procedures as required by this section not later than June 1, 1998.

5-10     This subsection expires January 1, 1999.

5-11           SECTION 2.  This Act takes effect September 1, 1997.

5-12           SECTION 3.  The importance of this legislation and the

5-13     crowded condition of the calendars in both houses create an

5-14     emergency and an imperative public necessity that the

5-15     constitutional rule requiring bills to be read on three several

5-16     days in each house be suspended, and this rule is hereby suspended.